Cases117458/2010

Claimant v Glasgow City Council

18 February 2025Before Employment Judge Frances EcclesScotlandon papers

Outcome

Claimant fails

Individual claims

Otherstruck out

Claim struck out under rule 38(1)(d) of the Employment Tribunal Procedure Rules 2024 for failure to actively pursue the claim. Claimant failed to provide written reasons by the deadline of 27 January 2025 or request a hearing despite being given the opportunity on 13 January 2025.

Facts

Mr A MacDonald brought a claim against Glasgow City Council and Glasgow Life filed in 2010. On 13 January 2025, the Tribunal gave the claimant until 27 January 2025 to provide written reasons why the claim should not be struck out, or to request a hearing. The claimant failed to respond or provide acceptable reasons.

Decision

The Tribunal struck out the claim under rule 38(1)(d) of the Employment Tribunal Procedure Rules 2024 on the grounds that the claim has not been actively pursued. The claimant failed to engage with the tribunal process despite being given a clear opportunity and deadline to explain why the claim should continue.

Practical note

Claimants must actively pursue their claims and respond to tribunal directions, or risk having their claims struck out for non-pursuit regardless of the original merits.

Legal authorities cited

Statutes

Employment Tribunal Procedure Rules 2024 rule 38Employment Tribunal Procedure Rules 2024 rule 38(1)(d)

Case details

Case number
117458/2010
Decision date
18 February 2025
Hearing type
strike out
Hearing days
Classification
procedural

Respondent

Name
Glasgow City Council
Sector
local government
Represented
No

Claimant representation

Represented
No